Hardesty v. Richardson
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford County, in Equity, The appellant brought his action of ejectment in the Circuit Court for Harford County, 18th of December, 1869, against his son, Richard C. Hardesty, to recover a farm in said county, called “ Wilna,” and obtained judgment 23rd May, 1870. In August, 1870, Richard C. Hardesty filed his bill on the equity side of said Court, against the appellant, a resident of Baltimore City, praying an injunction against the…
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Appeal from the Circuit Court for Harford County, in Equity, The appellant brought his action of ejectment in the Circuit Court for Harford County, 18th of December, 1869, against his son, Richard C. Hardesty, to recover a farm in said county, called “ Wilna,” and obtained judgment 23rd May, 1870. In August, 1870, Richard C. Hardesty filed his bill on the equity side of said Court, against the appellant, a resident of Baltimore City, praying an injunction against the execution of said judgment, and for the specific performance of an alleged contract' by his father, for the conveyance of said…
1Opinion of the CourtAlvey, J.
In all applications like the present the rule is certainly strict in requiring the most satisfactory evidence of the contract sought to be enforced. The proof must be clear, definite and conclusive as to the fact of the gift, and those acts done on the faith of it which render inequitable any attempt by the donor to avoid the gift. But where the proof is thus clear, and all other conditions are shown to exist to entitle the party to the assistance of a Court of equity, that Court will not hesitate to lend its aid, simply because the proof may rest entirely in parol.
Here the proof is definite…
2Cases cited6 opinions
- Neale v. NealesSupreme Court of the United States · 1870
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Kurtz v. HibnerIllinois Supreme Court · 1870
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Shepherd v. BevinCourt of Appeals of Maryland · 1850
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3Cited by31 opinions
- Soehnlein v. PumphreyCourt of Appeals of Maryland · 1944
- Frame v. FrameWest Virginia Supreme Court · 1889
- Riggles v. ErneySupreme Court of the United States · 1894
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Young v. CrawfordSupreme Court of Arkansas · 1907
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